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NEUROLAW: BRANCH OR SECTION OF NEW SIENCES, A COMPLEX BRANCH OF LAW OR A WAY TO JUSTIFY CRIMINALS (REVIEW)
O Balynska1, R Blahuta1, V Sereda1
11Lviv State University of Internal Affairs.
Abstract:
The purpose of the article is to consider comprehensively the phenomenon of the neurolaw, assessing it as a product of bioethics and behaviorism, a likely separate branch of law or the institution of medical law, as well as to analyze the feasibility of its introduction in the national justice system or refusal from it as a way of avoiding the responsibility of criminals. In general, the neurolaw is an interdisciplinary, intersectoral sphere of knowledge, formed on the basis of applying the results of researches in the field of medicine (in particular, neurology) in jurisprudence. This became possible, since human behavior (especially in the case of deviations from the norm) can sometimes be explained only with the help of anatomy, biochemistry and physiology of the nervous system. The authors consider that neurolaw is an institution of medical law, which regulates social relations in the field of medical intervention (examination and/or diagnosis of the nervous system or its individual components) for carrying out medical examinations and providing legal and medical qualifications. The neurolaw belongs to the new biomedical, legal and social phenomena in the structure of the so-called healthcare law, which, in its turn, combines the law of public health, medical and pharmaceutical law. Currently, the neurolaw as a theoretical construct and practical phenomenon is only at the stage of study and requires a detailed and thorough research so that its introduction into the legal system does not threaten non-compliance with the fundamental legal principles of equality and justice.
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